If you suffered an injury in a car accident caused by black ice, you may wonder who’s liable for your injuries and what legal recourse is available for getting the compensation you need and deserve. In North Dakota, multiple parties could be liable for your injuries, and you may be able to file an auto insurance claim or a personal injury lawsuit to recover compensation.
What Parties Could Be Liable for a Car Accident Caused by Black Ice?
Two main parties could be liable for a car accident caused by black ice: other drivers and the entity responsible for maintaining the roads.
If another driver slides on black ice and crashes into you, they could be liable for your injuries. This is because all drivers are expected to adjust their driving to the road and weather conditions. In the winter, especially after rain or snow, drivers should expect slippery conditions, including black ice, to be present.
When a driver fails to slow down in slippery conditions, or especially if they speed in slippery conditions, they could be liable for injuries that result from any crashes they cause.
Additionally, the entity responsible for clearing snow and ice from the state’s roads could also be liable for black ice injuries. The government is typically responsible for maintaining the roads, but government entities often contract snow and ice removal out to third parties. Those third parties could be liable for injuries if they fail to clear ice adequately.
North Dakota’s No-Fault Auto Insurance Claims
Regardless of who’s at fault for an accident, drivers can file insurance claims against their own personal injury protection (PIP) policy. PIP covers bodily injury coverage for the insured driver and their passengers and provides compensation for medical bills and lost wages associated with the crash up to the policy limit. The minimum policy limit for PIP in North Dakota is $30,000, which should cover most accidents.
However, if your medical expenses and wage loss exceed your PIP policy limit, or if you need to recover compensation for property damage, you may have to file a claim against the at-fault party’s insurance.
Under North Dakota law, all drivers must carry the following auto insurance in addition to their PIP policy:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage
If the other driver doesn’t have insurance, or if their insurance still doesn’t cover your expenses, you may need to file a claim with your uninsured (UM) or underinsured motorist (UIM) policy.
When to File a Lawsuit Against the Liable Party
If insurance doesn’t cover your expenses or the entity responsible for clearing the roads is responsible for your injury, you may need to file a personal injury lawsuit. Through your lawsuit, you can seek compensation for:
- Past and future medical expenses
- Lost wages and loss of future earning capacity
- Permanent disability
- Pain and suffering
- Property damage
It’s important to remember that filing insurance claims and personal injury lawsuits aren’t mutually exclusive. You can file both if you’re eligible to do so.
Under North Dakota law, car accident victims have six years to file their lawsuit against the at-fault party. Failure to file your lawsuit within this period typically results in the courts barring you from recovering compensation. An experienced car accident attorney can assist you with filing within the time limit.
Contact a North Dakota Car Accident Lawyer
If you suffered an injury in a car accident caused by black ice, you may be able to recover compensation through an auto insurance claim or a personal injury lawsuit against the at-fault party. Contact Pringle & Herigstad, P.C., for a consultation with one of our experienced car accident lawyers.
